Chapter 6 Flashcards
In what situations do law enforcement’s special needs justify stopping an automobile without reasonable suspicion?
Warrantless stops of automobiles are permitted at international borders and sobriety checkpoints (unless barred within a specific state by its own supreme court) or when there is reasonable suspicion of a traffic violation or other wrongdoing.
What is an exigent circumstance?
An urgent situation in which evidence might be destroyed, a suspect might escape, or the public would be endangered if police took the time to seek a warrant for a search or an arrest.
What two elements must be present for valid consent to permit a warrantless search?
Voluntary consent by a person with proper authority to consent.
Carroll v. United States
May search for a car whenever there is a probable cause to believe it contains contraband
Maryland v. Wilson
May order passengers to exit vehicle
Cupp v. Murphy
exigent circumstance, a guy comes into the police officers, with blood under nails and police searched him bc they had evidence
Brown v. Mississippi
Convictions of murder that rest solely upon confessions shown to have been extorted by officers of the State by the torture of the accused are void under the due process clause of the Fourteenth Amendment
Escobedo v. Illinois
Hid Escobedo from his lawyer, can’t question suspect without a lawyer
Massiah v. United States
Right to an attorney
Miranda v. Arizona (1966)
as soon as the investigation of a crime begins to focus on a particular suspect and that person is taken into custody, the so-called Miranda warnings must be read aloud before questioning can begin.
What is the “public safety” exception?
Officers can ask questions of suspects in custody without first providing Miranda warnings when public safety would be threatened by their taking the time to supply the warnings.
How have police officers adapted their practices in light of Miranda?
Officers ask questions before suspects are in custody; pretend to befriend or empathize with suspects being questioned, and misinform suspects about the existence of evidence demonstrating their guilt.
What is a stop
A momentary interference with someone’s liberty must have “reasonable suspicion”
What is an arrest and what does it need to be based on
A significant deprivation of liberty, must be based on probable clause
